June 28, Chinese fishing boat captain Cheng Dawei allegedly stabbed Han Guohai Police case, the second instance in Korea, the Seoul High Court hearing. Previously, in the first instance judgment of 19 April, Cheng Dawei Korea Incheon District Court and sentenced to 30 years in prison. June 24, the Beijing lawyer, Hu offered next departure to Korea, Cheng Dawei and other 10 Chinese citizens who provide pro bono legal assistance.
Yesterday, Hu Xian After returning home next to the disclosure of the second instance. As trustee of the litigation support people, when the trial began, Hu offered next to the court a written defense of the word. Which refers to many problems in the first instance judgment: First, the applicable law is improper - China and South Korea have not yet delineated the exclusive economic zone boundaries in the Yellow Sea in accordance with the Exclusive Economic Zone Act "to make a judgment is a serious error; Second, the lack of judgment in accordance with - did not identify the merits of important facts; charges of identified error - should be recognized Cheng Dawei negligence resulted in death, rather than homicide;, error sentencing - the recommended sentencing range for 9 years -20 years, 4 months, but the actual judgment of Cheng Dawei 30 years in prison, more than the upper limit of the recommended sentencing range.
In court, Cheng Dawei said that the first instance, his sentence was too heavy.
Ultimately, the main facts of the assassination of the Han Guohai Police case because of Cheng Dawei unclear, did not identify the part of the evidence, the court decided July 12 to the scene, "Ruben and fisheries fishing boat survey evidence, on the 17th to re-examine the body of Cheng Dawei. The Court will, as the evidence collection and physical examination of a further hearing time.
□ focus of lawyers put forward two major doubt
Hu offered next to two important areas of doubt in the trial, First stab police the length of the blade and inconsistent wound depth, the weapon may not be mentioned to in the judgment of the knife, the second is Cheng Dawei injuries of unknown cause, the defense details of the process can not be ignored .
Hu offered next to get the protest in writing and other materials from South Korea, Cheng Dawei's lawyer at the afternoon of June 26, he found the details of the blade and inconsistent wound. In addition, he noted that the thorn police, Cheng Dawei injured broken two ribs, above his left eye and lips above the injury, the 6 sewing needles, but the prosecution in the trial did not give a reasonable explanation.
Yesterday, the reporter saw the first instance verdict, Cheng Dawei's charged with homicide refuge motivated killings, by its nature is not necessarily intentional. In the description of Cheng Dawei thorn police process, judgment, said, "flares exploded, Liqing Hao, maritime police did not anticipate the direction of hit close to the defendant, the defendant panic Apart Conditioned to brandished a knife and stabbed Liqing Hao the ribs. this case for the assessment may not be intentional basis, to determine the excess may not be intentional information is not full. "
Judgment mentioned Cheng Dawei use of the weapon is a knife, 26 cm long, 15 cm long blade, but did not mention Liqing Hao depth of the wound. In the prosecution of the court the evidence submitted materials, Liqing Hao wound 17 centimeters deep.
□ experts say If there is no reasonable interpretation of a judgment untenable
The famous jurist, former president of the China University of Political Science Professor Chen Guangzhong, next to Hu offered to the questions raised is very important. Cheng Dawei injury related to the injured under what circumstances and who should violence. In addition, the conventional case, 15 cm long blade is difficult to stab a depth of 17 cm injuries. In this regard, if the prosecution and the courts can not make a reasonable explanation, the judgment is untenable.
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